Rich v. Bell
Massachusetts Supreme Judicial Court
Case against the defendant, a deputy sheriff of this county, to recover damages for his not keeping goods, attached at the suit of 'the plaintiffs against one John Gulliver, until final judgment, so that they might have been taken in execution.
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Case against the defendant, a deputy sheriff of this county, to recover damages for his not keeping goods, attached at the suit of 'the plaintiffs against one John Gulliver, until final judgment, so that they might have been taken in execution. It was agreed by the parties that, on the 11th of May, 1818, Calvin Washburn and twelve others were either creditors of Gulliver, in consequence of loans of money made to him before that time, or were responsible as endorsers or sureties on his promissory notes, which had not become payable. Some of the said persons, apprehensive of sustaining a loss…
1Opinion of the CourtParker, C. J.
The conduct of the officer, although for the advantage of the debtor, and of all *248the creditors who were eventually interested in the goods attached, was nevertheless contrary to his official duty ; so that he is liable to the plaintiffs’ action. The consent of the debtor, and of the first attaching creditors, would justify him against them. But all the creditors, who had attached, had a legal right to have the goods dis posed of according to law; and to make any other disposition of them was a wrong done to them, for which the law will give an ade1 quote remedy.
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- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
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